V.Raja Gopal v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR CRL OP No.15887 of 2025 V.Raja Gopal

...Petitioner/Sole Accused

Vs State Rep. by, The Inspector of Police, Sooramangalam A.W.P.S.

(Crime No.19 of 2021)

...Respondent/Complainant

Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail pending investigation in Crime No.19 of 2021 on the file of the respondent police. For Petitioner : Mr.M.D.Ilayaraja For Respondent : Mr.L.Baskaran Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.04.2025, for the offences punishable under Sections 307 of IPC r/w 77 of J.J. Act, 2015 r/w 5(l), 5(n) r/w 6 of POCSO Act in connection with Crime Page No.1 of 4

No.19 of 2021, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that the petitioner had committed aggravated penetrative sexual assault on his own minor daughter/victim girl. Hence, the case.

3. The learned counsel for petitioner submitted that the petitioner is an innocent person and he never committed any offence as alleged by the prosecution. He further submitted that a false case has been foisted against the petitioner due to family dispute and the petitioner is in incarceration for more than 43 days. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the grant of bail to the petitioner reiterated the prosecution case and submitted that originally the petitioner was arrested and released on bail. Thereafter, the bail was cancelled by the learned Sessions Judge, Principal POCSO Court, Salem and petitioner was remanded to judicial custody. The learned Sessions Judge summoned LW1 and LW2 and the case is pending on the file of Principal POCSO Court, Salem in Spl.S.C.No.119 of 2024 and the next hearing date is on 19.06.2025. Page No.2 of 4

5.Considering the nature of allegationsand the fact that the petitioner had committed aggravated penetrative sexual assault on his own minor daughter/victim girl, this Court is not inclined to grant bail to the petitioner. Hence, the Criminal Original Petition is dismissed. 11.06.2025 rsi Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No To:

1.The Inspector of Police, Sooramangalam A.W.P.S.

2.The Sessions Judge, Principal POCSO Court, Salem.

3.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

M.NIRMAL KUMAR, J.

rsi Page No.3 of 4

CRL OP No.15887 of 2025 11.06.2025 Page No.4 of 4